Share buyback February 2009

RWE AG acquired 2.9 million common shares in RWE AG with a value of approximately 177 million € from February 2, 2009 to February 16, 2009. The shares shall be used for fulfillment of a settlement agreement concluded in the appraisal proceeding RWE/VEW. During the same period RWE AG sold 2.9 million treasury common shares in the value of approximately 176 million €.

The Executive Board exercised the statutory authorization to purchase own shares pursuant to Section 71 para. 1 no. 3 of the German Stock Corporation Act (AktG) which authorizes the company to purchase own shares inter alia in order to compensate shareholders after implementation of a merger. The existing authorization by the Annual General Meeting does not include the use of the treasury shares for such a purpose. The shares shall be used to fulfill obligations assumed by a settlement agreement dated December 22, 2008 that was concluded in the appraisal proceeding after the merger RWE/VEW in 2000. In order to fulfill all claims arising out or in connection with the merger RWE AG has thereby assumed the obligation to provide the former outside shareholders of VEW Aktiengesellschaft with a final compensation in the amount of EUR 10.39 per VEW-share with a nominal value of DM 50 plus interest accrued from December 30, 2000. Both the claim for compensation and the claim for interest shall be fulfilled exclusively by delivery of common bearer shares in RWE AG.

01/27/2009 - Notice in Accordance with Art. 4 Para. 2 of the Directive (EC) No. 2273/2003: RWE AG decides Share Buyback Program and simultaneous Sale of Treasury Shares in the Context of the Compensation of former VEW-Shareholders

The share buyback programme was finalised on February 16, 2009. We have bought back 2,901,862 common shares in the value of approximately 177 million €. At the same time, we have also concluded the sale of RWE treasury shares. We have sold 2,888,000 treasury common shares in the value of approximately 176 million €.

Overview share buyback programme – January / February 2009

1) average purchase price in €

(The value date of the share buybacks is two working days after the transaction date.)

DateOrdinary sharesPreferences sharesTotal number of sharesPurchased volume (in €)
Number of sharesPrice
(in €)1)
Number of sharesPrice
(in €)1)
02.02.2009290,00059.95870

 

290,00017,388,023
03.02.2009290,00060.93930

 

290,00017,672,397
04.02.2009290,00062.30010

 

290,00018,067,029
05.02.2009290,00062.40680

 

290,00018,097,972
06.02.2009280,00062.75160

 

280,00017,570,448
09/02/2009290,00062.08490

 

290,00018,004,621
10/02/2009290,00062.13770

 

290,00018,019,933
11/02/2009247,00060.74910

 

247,00015,005,028
12/02/2009353,00059.17680

 

353,00020,889,410
13/02/2009279,00057.90000

 

279,00016,154,100
16/02/20092,86256.80000

 

2,862162,562
Total2,901,86261.00620 2,901,862177,031,523
in % of share capital0.52% 

 

 0.52%